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THE JUDICIAL OFFICERS PROTECTION ACT, 1850
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ARRANGEMENT OF SECTION
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Preamble
SECTION
1. Non-liability to suit of officers acting judicially, for official acts done in good faith, and of officers executing warrants and orders.
1[THE JUDICIAL OFFICERS PROTECTION ACT, 1850]
ACT NO. 18 OF 1850
[4th April, 1850.]
An Act for the protection of Judicial Officers.
Preamble.—For the greater protection of Magistrates and others acting judicially; It is enacted as follows:—
1. Non-liability to suit of officers acting judicially, for official acts done in good faith, and of officers executing warrants and orders. —No Judge, Magistrate, Justice of the Peace, Collector or other person acting judicially shall be liable to be sued in any Civil Court for any act done or ordered to be done by him in the discharge of his judicial duty, whether or not within the limits of his jurisdiction: Provided that he at the time, in good faith, believed himself to have jurisdiction to do or order the act complained of; and no officer of any Court or other person, bound to execute the lawful warrants or orders of any such Judge, Magistrate, Justice of the Peace, Collector or other person acting judicially shall be liable to be sued in any Civil Court, for the execution of any warrant or order, which he would be bound to execute, if within the jurisdiction of the person issuing the same.2
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1. Short title given by the Indian Short Titles Act, 1897 (14 of 1897).
The Act has been declared to be in force in all the Provinces of India, except the Scheduled Districts, by the Laws Local Extent Act, 1874 (15 of 1874), s. 3.
It has been declared in force in the Sonthal Parganas by the SonthalParganas Settlement Regulation, 1872 (3 of 1872), s. 3; in the Khondmals District by the Khondmals Laws Regulation, 1936 (4 of 1936), s. 3 and Sch.; in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), s. 3 and Sch.; and in PanthPiploda by the PanthPiploda Laws Regulation, 1929 (1 of 1929), s. 2.
It has also been declared by notification under s. 3(a) of the Scheduled Districts Act, 1874 (14 of1874) to be in force in the following Scheduled Districts, namely:—
The Taluqs of Bhadrachalam, Rakapilli and the Rampa Country ……. See Gazette of India, 1879, Pt. I, p . 630 .
The Scheduled Districts in Ganjam and Vizagapatam……. Ditto and Fort St. George Gazette, 1898, Pt. I, P. 870 .
1898, Pt. I, p . 666 .
The Districts of Hazaribagh,
Lohardaga (now the Ranchi District,
see Calcutta Gazette, 1899, Pt. I, p . 44),
and Manbhum, and ParganaDhalbhum and
theKolhan in the District of Singhbhu m. See Gazette of India, 1881, Pt. I, 504 .
West Jalpaiguri and the Western
Hills of Darjiling, the Darjiling
Tarai and the Damsom
Sub -Division of the Darjiling District s. . . . Ditto 1881, Pt. I, p . 74 .
Kumaon and Garhwal…… Ditto 1876, Pt. I, p . 605 .
The Scheduled portion of the Mirzapur
District Ditto 1879, Pt. I, 383 .
JaunsarBawar Ditto 1879, Pt. I, 382 .
The District of Lahaul Ditto 1886, Pt. I, 301 .
The Scheduled Districts of the
Central Provinces Ditto 1879, Pt. I, 360 .
Coorg. Ditto 1879, Pt. I, 747 .
The Districts of Kamrup,
Nowgong, Darrang, Sibsagar,
Lakhimpur, Goalpara
(excluding the Eastern Duars) and
Cachar (excluding the North Cachar Hills) Ditto 1878, Pt. I, 633 .
The Garo Hills, the Khasi
and Jaintia Hills, the Naga Hills,
the North Cachar Hills
in the Cachar District and the
Eastern Duars in the Goalpara district. Ditto, 1897, Pt. I, 299 .
The Porahat Estate in the Singhbhum District Ditto 1879, Pt. I, 1059 .
It has been extended, by noti fication under s.5 of the last -mentioned Act, to the following Scheduled District,
namely: --
The Tarai of the Province of Agra See Gazette of India, 1876, Pt. I, 505 .
Ajmer and Merwara Ditto. 1879, Pt. I, 380 .
It has been extended to the new Provinces and Merged States, see Act 59 of 1949 .
2. As to procedure for instituting criminal prosecution against judges and public servants, see the Code of Criminal Procedure, 1973 (Act 2 of 1974), s. 197.
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